Legal Recourse for Pennsylvania Telehealth Malpractice

Telehealth has expanded access to medical care across Pennsylvania, particularly for rural residents and those with mobility challenges. Yet, with the growing use of virtual healthcare comes an increase in malpractice cases tied to misdiagnosis, treatment delays, and regulatory violations.

This guide explains what telehealth malpractice is, what rights you have as a patient, and how to file a legal claim if something goes wrong during a virtual medical consultation.

 

What Is Telehealth Malpractice?

Defining Telehealth Malpractice

Telehealth malpractice occurs when a provider delivers negligent care through digital platforms such as video calls, phone consultations, or mobile apps, resulting in harm to the patient. Under Pennsylvania law, these providers are held to the same standards as in-person doctors.

How Telemedicine Differs Legally

Although the technology is different, the legal expectations are not. Providers must still evaluate patients thoroughly, ensure informed consent, protect patient privacy, and follow accepted medical protocols—even if the care is remote.

 

Common Types of Telehealth Malpractice

1. Misdiagnosis During Virtual Appointments

Many malpractice claims stem from misdiagnoses caused by limited visual assessments or failure to take a complete medical history.

2. Inappropriate Prescribing

Prescriptions issued without reviewing allergies, drug interactions, or existing conditions can lead to serious patient harm.

3. Lack of Follow-Up or Referral

Failing to refer patients for necessary in-person tests or specialist evaluations can worsen medical conditions.

4. HIPAA and Privacy Violations

Data breaches or improper sharing of medical information during a virtual visit also fall under malpractice in many cases.

 

Key Legal Standards for Malpractice in Pennsylvania

Three Elements of a Valid Claim

To prove malpractice, you must show:

1. A provider–patient relationship existed.
2. The provider breached the standard of care.
3. That breach caused actual injury or damage.

How These Apply to Telehealth

The challenge in telemedicine cases is often demonstrating how remote care limitations led to a breach of duty, such as misdiagnosis or delayed treatment.

 

Your Legal Rights as a Virtual Patient

Equal Protection Under the Law

In Pennsylvania, patients using telehealth are legally entitled to the same quality and protections as those seen in a physical medical facility.

Licensure Requirements

Doctors must be licensed in Pennsylvania or registered through an interstate compact. If they’re not authorized to treat Pennsylvania patients, they may be practicing illegally.

Informed Consent Obligations

Virtual providers must inform patients about their diagnosis, treatment plan, risks, and alternatives—just as they would in person.

 

Can You Sue a Telehealth Provider?

When Legal Action Is Justified

You can sue if a telehealth provider’s actions or omissions caused you direct harm and deviated from professional standards.

Who Can Be Held Responsible

Depending on the case, liable parties may include:

• The individual healthcare provider.
• The telehealth platform or company.
• The clinic or health system affiliated with the virtual care.

 

Jurisdiction: What If the Provider Is Out of State?

Location Matters

If you were physically in Pennsylvania during the virtual appointment, state laws generally apply—even if the provider was located elsewhere.

Legal Authority in Pennsylvania

Courts typically accept jurisdiction if the harm occurred to a resident while they were within state lines. A lawyer can confirm jurisdiction based on your specific situation.

 

Time Limits: The Statute of Limitations in Pennsylvania

Standard Filing Deadline

Most malpractice cases in Pennsylvania must be filed within two years of the date the injury occurred.

Discovery Rule

If the harm was discovered later—for example, after a second opinion—the deadline may start from the date of discovery rather than the actual treatment date.

Exceptions for Minors

If the patient was a minor at the time of treatment, the statute does not begin until they turn 18, giving them until age 20 to file.

 

Filing a Telehealth Malpractice Lawsuit: Step-by-Step

Step 1: Speak with a Malpractice Attorney

Start with a consultation from a Pennsylvania medical malpractice lawyer. They’ll evaluate your case and explain the steps ahead.

Step 2: Gather and Organize Evidence

Collect records of your telehealth visit, prescriptions, messages, test results, and any documentation showing how the error harmed your health or finances.

Step 3: Consider Filing a Complaint with the Medical Board

Although not required, filing a complaint with the Pennsylvania Medical Board can strengthen your position and initiate an investigation.

Step 4: File the Lawsuit in Civil Court

Your attorney will prepare a formal legal complaint outlining your allegations and seeking compensation for damages.

Step 5: Participate in Legal Proceedings

This phase includes discovery, depositions, expert testimony, mediation, or trial. Many cases resolve through settlement, but some go to court.

 

What Evidence Strengthens Your Case?

1. Appointment Records

Transcripts or video logs of the telehealth session can show what was said, recommended, or missed.

2. Medical Documentation

Follow-up reports or ER visits tied to the virtual misdiagnosis demonstrate causation and harm.

3. Provider Communication

Text messages, emails, and chat logs between you and the provider may reveal gaps in care or inappropriate responses.

4. Expert Testimony

A medical expert can testify that the care you received fell below acceptable standards for telehealth.

 

Regulatory Oversight: Who Governs Telehealth in Pennsylvania?

State Boards

The Pennsylvania Medical Board and Board of Osteopathic Medicine oversee provider conduct, licensing, and discipline.

Department of State

This agency handles license verification and credentialing for professionals operating in the state.

Federal Authorities

The Department of Health and Human Services (HHS) enforces HIPAA, ensuring the protection of electronic medical records and communications.

 

Legal Challenges Unique to Telehealth Cases

1. Proving Negligence Without a Physical Exam

It can be harder to prove misdiagnosis when no hands-on examination was possible, but expert testimony can bridge that gap.

2. Jurisdiction Disputes

Some out-of-state providers may challenge Pennsylvania’s right to hear the case, though courts often side with patients located in-state.

3. Limited Documentation

Some platforms do not offer detailed transcripts or summaries, making it critical to save everything you receive or send.

4. Proving Harm and Damages

You must connect the provider’s error to a specific injury, worsening condition, or financial loss.

 

Frequently Asked Questions About Telehealth Malpractice in Pennsylvania

Can I sue a telehealth provider if I was misdiagnosed during a virtual appointment?
Yes, you can file a lawsuit if the misdiagnosis resulted from the provider’s failure to meet professional standards and if that error caused you physical, emotional, or financial harm. Pennsylvania law treats virtual care with the same legal seriousness as in-person medical treatment. If a competent physician would have made a different diagnosis or taken further action in the same circumstances, and that omission led to injury, you may have a valid claim.

What if the provider is located in another state?
If the telehealth service was provided while you were physically in Pennsylvania, state courts typically have jurisdiction over the matter. Out-of-state providers delivering care to Pennsylvania residents must either be licensed in the state or practice under an approved interstate licensure compact. If they fail to meet this requirement, that can become a central issue in the malpractice case.

Do I have to report the provider to a medical board before I file a lawsuit?
No, reporting a provider to the Pennsylvania Medical Board is not a legal requirement before filing a malpractice lawsuit. However, submitting a complaint can support your claim by creating an official record of the provider’s alleged misconduct. It may also initiate an independent investigation, which can help strengthen your legal position and may uncover patterns of negligence.

How long do I have to file a telehealth malpractice lawsuit in Pennsylvania?
The statute of limitations for medical malpractice in Pennsylvania is generally two years. This time frame begins on the date the injury occurred or when you first discovered, or reasonably should have discovered, the injury. For minors, the deadline is extended, allowing them to file a claim until they reach the age of 20. Acting promptly is crucial, as missing this deadline could permanently bar your ability to recover damages.

What kind of compensation can I seek in a telehealth malpractice case?
Compensation may include coverage for medical expenses incurred as a result of the negligence, future treatment costs, lost income or earning potential, and pain and suffering. In some cases, if the provider’s conduct was particularly egregious, punitive damages may also be awarded. Your attorney will assess the full extent of your damages and determine the appropriate compensation to pursue.

 

Contact Matzus Law, LLC Today

Telehealth has improved access to care, but it does not eliminate the legal responsibilities of healthcare providers. If your virtual appointment led to harm, you are not powerless. Pennsylvania law provides avenues for legal action and compensation when telehealth providers fail in their duties.

If you believe you were harmed by a telehealth provider’s negligence, contact Matzus Law, LLC today for a free consultation. Our attorney can help you determine whether your experience qualifies as malpractice and guide you through the legal process to seek justice.